LEGISLATIVE COUNSEL'S DIGEST

Existing law prohibits an employer from requiring an employee to work during a meal or rest or recovery period mandated by an applicable statute, or an applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health and establishes as a penalty for an employer’s failure to provide a mandated meal or rest or recovery period the payment by the employer to the employee of one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period is not provided.

This bill would make that penalty the entire penalty amount to be awarded to an employee for a violation of that prohibition. The bill would prohibit the imposition of civil or criminal penalties under specific
statutes if an employee recovers under these provisions, based on the same missed meal or rest period. The bill would require payment pursuant to these provisions to be considered a penalty for all purposes, including, but not limited to, the statute of limitations on an action.

Digest Key

Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 226.7 of the Labor Code is amended to read:

226.7.

(a) As used in this section, “recovery period” means a cooldown period afforded an employee to prevent heat illness.

(b) An employer shall not require an employee to work during a meal or rest or recovery period mandated pursuant to an applicable statute, or applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health.

(c) If an employer fails to provide an employee a meal or rest or recovery period in accordance with a state law, including, but not limited to, an applicable statute or applicable regulation, standard,
or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health, the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period is not provided. This additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period is not provided shall be the entire penalty amount awarded to the employee for a violation of this section. If an employee recovers under this subdivision, no civil or criminal penalty shall be imposed under Section 203, 225, 226, 558, or 2699 of this code, or under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business
and Professions Code, based on the same missed meal or rest period.

(d) A rest or recovery period mandated pursuant to a state law, including, but not limited to, an applicable statute, or applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health, shall be counted as hours worked, for which there shall be no deduction from wages. This subdivision is declaratory of existing law.

(e) This section shall not apply to an employee who is exempt from meal or rest or recovery period requirements pursuant to other state laws, including, but not limited to, a statute or regulation, standard, or order of the Industrial Welfare Commission.

(f) Payment pursuant to subdivision (c) shall be considered a penalty for all purposes, including, but not limited to, the statute of limitations on an action.